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Madhya Pradesh High Court · body

2020 DIGILAW 752 (MP)

Vijay Batham v. State of M. P.

2020-07-30

S.C.SHARMA

body2020
ORDER 1. In Writ Petition No.7755/2020 (S), the petitioner before this Court has filed present petition being aggrieved by order dated 15.5.2020 passed by respondent No.5 transferring the petitioner from Ujjain to Indore. Undisputedly, the petitioner was appointed as Constable general duty on compassionate ground in 32nd Battalion of Special Armed Force, Madhya Pradesh and he was posted at Jabalpur at some point of time. 2. As his mother is critically ill and his children were studying at Ujjain, he has submitted an application to the Competent Authority for his transfer to Ujjain and by an order dated 28.9.2018 he was posted at Ujjain. The petitioner's grievance is that he is having a pregnant wife, who is at an advance stage of pregnancy. He is having an old mother and there is no one to look after his old mother. He has further stated that his child is also studying at Ujjain. He has not completed three years' tenure at Ujjain as provided under the transfer policy enclosed along with the reply. 3. On the other hand, a detailed and exhaustive reply has been filed and it has been stated that the petitioner has been transferred on account of administrative exigency. Heavy reliance has been placed upon a judgment delivered in the case of Gujrat Electricity Board and Another v. Aatmaram Sugomal Poshani reported in 1989 (2) SCC 602 as well has judgment a delivered by this Court in the case of Arif Choudhary v. State of M. P. and Others reported in 2007 (2) ILR MP Series 1329. Respondents have stated that there is no violation of statutory provision, and therefore, the petitioner can be transferred to some other Battalion also and his seniority will be maintained. Except for making a bald statement that the transfer order has been passed keeping in view the administrative exigency, no cogent reason has been assigned. 4. This Court has carefully gone through the writ petition as well as the transfer policy. Undisputedly, the petitioner's mother is not well and the respondents have shown mercy to the petitioner by accommodating him at Ujjain. The petitioner has hardly completed two years at Ujjain and now he is being shifted to Indore. The petitioner is having a wife, who is at the advance stage of pregnancy and the petitioner's child is also studying at Ujjain. 5. The petitioner has hardly completed two years at Ujjain and now he is being shifted to Indore. The petitioner is having a wife, who is at the advance stage of pregnancy and the petitioner's child is also studying at Ujjain. 5. Another important aspect of the case is that the petitioner, as he was subjected to harassment, did submit a complaint against his Subedar (Major). His statement is on record. It appears that the complaint made by the petitioner has infuriated the respondents and they have passed the transfer order in a mechanical manner. 6. Except for stating in reply that the transfer order has been passed keeping in view the administrative exigencies, no cogent reason has been assigned. Not only this, the transfer order certainly violates the transfer policy enclosed along with the reply, which provides for three years period at a particular station. 7. It is not a case where the entire Battalion is moving out of Ujjain. Had it been a case that entire Battalion is moving out of Ujjain, the petitioner was not having any case at all. However, in the present case, the Battalion is very much at Ujjain. The petitioner has been singled out and therefore, this Court is of the considered opinion that the transfer order as well as the relieving order deserves to be quashed and are accordingly quashed. The writ petition is allowed. 8. In the connected case i.e. Writ Petition No.7788/2020 (S), the petitioner again a Constable has been transferred from Ujjain to Jaora. The petitioner was earlier serving on deputation with the State Industrial Security Force. He was sent on deputation for a period of three years, however, as his mother is suffering from Cancer and is still suffering from Cancer, the petitioner submitted an application for posting him to his parent Battalion. 9. The respondents have shown mercy to the petitioner by accommodating him at Ujjain keeping in view of the fact that his mother is suffering from terminal disease i.e. Cancer. She is at last lap of her life. It is only the petitioner who is looking after her. The treatment papers are also on record and they have not been denied by the respondents / State. 10. The respondent / State has stated that the transfer order has been passed keeping in view the administrative exigencies. She is at last lap of her life. It is only the petitioner who is looking after her. The treatment papers are also on record and they have not been denied by the respondents / State. 10. The respondent / State has stated that the transfer order has been passed keeping in view the administrative exigencies. The petitioner has not completed three years at Ujjain and wants to live with his mother as she is critically ill and therefore, as the transfer order has been passed without completion of three years period at Ujjain, it deserves to be quashed in the peculiar facts and circumstances of the case specially keeping in view the fact that the petitioner was accommodated at Ujjain. The medical papers do reflect that the mother is at last stage of her life. 11. Resultantly, after taking into account the reply filed by the respondents, this Court is of the opinion that the transfer order dated 8.5.2020 and the relieving order dated 11.5.2020 deserves to be quashed and are hereby quashed. The respondents during the pendency of the present writ petition have again transferred the petitioner from Jaora to Agar vide order dated 21.7.2020. The aforesaid order is also set aside. The respondents are directed to permit the petitioner to continue at Ujjain. The writ petition stands allowed.